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Standing Pleadings

Dechert LLP

Three Strikes and You’re in – Supreme Court to Hear Three ERISA Cases in Upcoming Term

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The upcoming term of the U.S. Supreme Court is shaping up to be a busy one with respect to cases arising under the Employee Retirement Income Security Act of 1974 (“ERISA”). There have been other terms with multiple ERISA...more

Farrell Fritz, P.C.

Second Department Allows Untimely Claims to Relate Back to Action Brought By Wrong Plaintiff

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Can substitution of a new plaintiff who has proper standing cause “surprise or prejudice” to a defendant after the statute of limitations would have expired, such that leave to file an amended complaint should be denied?...more

Fisher Phillips

D.C. Circuit Concludes Heightened Risk of Future Identity Theft Enough for Standing in Data Breach Class Action

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Much to the dismay of companies, on August 1, 2017, the U.S. Court of Appeals for the D.C. Circuit made it easier for plaintiffs, and their attorneys, to bring class action data breach cases. In Attias v. CareFirst, Inc.,...more

Proskauer - Law and the Workplace

Philadelphia Law Prohibiting Salary History Inquiries Survives Legal Challenge … For Now

A Pennsylvania federal district court has dismissed a lawsuit seeking to declare unconstitutional a Philadelphia ordinance making it unlawful for employers to inquire into a job applicant’s wage history during the hiring...more

Bracewell LLP

Data Breach Lawsuit Survives Motion to Dismiss

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In an April 13, 2017 decision in Walters v. Kimpton Hotel, a California federal judge rejected the bid of hotel chain Kimpton Hotel and Restaurant Group, LLC to dismiss a proposed class action arising from a data breach last...more

Proskauer - Minding Your Business

Court Dismisses “Phantom Markdown” Suit against Saks

On March 22, the U.S. District Court for the Southern District of California dismissed a putative class action against Saks Inc. alleging that Saks advertised “phantom markdowns” of Saks-branded products. The Plaintiff...more

Fenwick & West LLP

Litigation Alert: The Fourth Circuit Limits Standing to Bring Data Breach Cases

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The U.S. Court of Appeals for the Fourth Circuit has made it more difficult to establish Article III standing in data breach cases both at the pleading stage and at summary judgment by requiring plaintiffs to allege and show...more

Fenwick & West LLP

Litigation Alert: The Third Circuit Holds That Allegations That Personal Information Was Improperly Disclosed in Violation of the...

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Last week, the Third Circuit held that allegations of the unauthorized disclosure of personal information in violation of the Fair Credit Reporting Act (FCRA) constituted a de facto injury sufficient to confer standing at the...more

Proskauer - Minding Your Business

California UCL Standing Requirement — On This You Can Rely

The California Court of Appeal recently confirmed, in case there was any doubt, that plaintiffs must allege (and ultimately prove) actual reliance to adequately state a fraudulent prong Unfair Competition Law claim (Cal. Bus....more

Carlton Fields

Avoiding Close Calls: Sixth Circuit’s Galaria v. Nationwide Decision Offers Valuable Pleading Tips

Carlton Fields on

The Sixth Circuit’s split decision last month finding Article 3 standing in a data breach case is the first of its kind post-Spokeo. See Galaria v. Nationwide Nos. 15-3386/3387 (6th Cir. Sept. 12, 2016) (unpublished). It is...more

Mintz - Consumer Product Safety Viewpoints

California Plaintiffs Say that Size Matters: Consumer Fraud Class Action Challenges Slack-Fill in Protein Products

According to named plaintiffs in a consumer fraud action filed in December in the Southern District of California, size matters when making it comes to making a purchase. In fact, Plaintiffs claim that the average consumer’s...more

Knobbe Martens

Federal Circuit Review | July 2015

Knobbe Martens on

Nunc Pro Tunc Assignments Insufficient To Confer Retroactive Standing - In ALPS SOUTH, LLC v. OHIO WILLOW WOOD CO., Appeal Nos. 2013-1452, 2013-1488, 2014-1147, and 2014-1426, the Federal Circuit reversed the denial of a...more

Carlton Fields

Don’t Just Tell Me, Show Me (Now): Preserving A Request To Amend Pleadings As Alternative Relief In Response to a Motion To...

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It is not uncommon for a party to seek leave to amend as an alternative form of relief in response to a motion to dismiss or for summary judgment. But it may not be enough to just say that if the court is inclined to grant...more

Patterson Belknap Webb & Tyler LLP

Lack of Antitrust Standing Requires Dismissal of Complaint Against Alleged Chinese Magnesite Cartel

Last Thursday, Judge Kevin McNulty in the District of New Jersey issued a 69-page opinion explaining his sua sponte dismissal of the putative class action complaint in Animal Science Products, Inc. v. China Minmetals Corp.,...more

Jackson Walker

Federal Procedure Update - 2012

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I. FEDERAL PROCEDURE - A. Overview of Article. The purpose of this article is to provide summaries and brief discussion of significant recent cases from the United States Supreme Court, the United States Circuit...more

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